Cedillo appeal denied

27 Aug

In conclusion, we have carefully reviewed the decision of the Special Master and we find that it is rationally supported by the evidence, well-articulated, and reason-able. We therefore affirm the denial of the Cedillos’ petition for compensation.

Nobody should take any pleasure from this decision. If the Cedillo’s happen to read this I would urge them to step away from the quackery. It is doing nobody any good.

More details here.

11 Responses to “Cedillo appeal denied”

  1. Broken Link August 28, 2010 at 00:19 #

    Kev, I do take pleasure from this decision. However, my heart goes out to the Cedillos who have been played in all this, exposing their family history to the public on behalf of all the other petitioners. The Cedillos are surrounded by those who would use them to advance a false agenda.

    I take pleasure because it is one more nail in the coffin of the vaccines-cause-autism movement. They cannot claim that Michelle would have won except for x,y,z. They tried their best, and the facts are not on their side. If this ruling can prevent even one newly diagnosed child from being subjected to all the biomedical woo that surrounds the myth of treating vaccine-caused-autism, that is a good thing.

  2. brian August 28, 2010 at 01:54 #

    The decision is here:

    http://www.cafc.uscourts.gov/images/stories/opinions-orders/10-5004.pdf

  3. C. S. Wyatt August 28, 2010 at 05:44 #

    A detailed ruling, I just finished reading it. Every argument I could imagine was tried, and in the end the Special Master seems to have made minor errors but the overall decision was sound and logical. Even what might be called “errors” were not legal mistakes, since the regular rules of evidence don’t apply to the Vaccine Court.

    I’m glad the decision was so detailed. Of course, it won’t change any opinions. Conspiracy believers will add this ruling to the evidence of a cover-up…

  4. stanley seigler August 29, 2010 at 19:55 #

    a more important decision…

    This is a very far-ranging decision that clearly articulates the standards and opens the door to recover damages…the decision is important because it recognizes that the parents can seek recovery under the federal Rehabilitation Act when their kids are the victims of *deliberate indifference* by the department [USA-CA Dept of Developmental services] in failing to provide the services. [ref say]

    COMMENT
    Hope springs…thanks USA 9th circuit court panel…

    JFK Remarks upon signing the Maternal and Child Health and Mental Retardation Planning Bill into 10/24/63: *We can say with some assurance that, although children may be the victims of fate, they will not be the victims of our neglect.*

    SOME ASSURANCE not enough…some 50 years later, our children, friends, not only victims of neglect but victims of deliberate indifference.

    stanley seigler

    Ref xxxxxxxxxxxxxx
    Suit against state over autism case is reinstated
    By Ken Kobayashi
    POSTED: 01:30 a.m. HST, Aug 27, 2010

    A federal appeals court reinstated a lawsuit yesterday by the parents of two autistic daughters seeking money for what they say was the Department of Education’s failure to provide them with appropriate special-education services.
    The family’s lawyers said the decision is important because it recognizes that the parents can seek recovery under the federal Rehabilitation Act when their kids are the victims of “deliberate indifference” by the department in failing to provide the services.
    “This is a very far-ranging decision that clearly articulates the standards and opens the door to recover damages,” said Susan Dorsey, managing attorney of the Levin Education Access Project.
    State attorneys could not immediately be reached for comment.
    The unanimous decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals overturned a decision by visiting U.S. District Judge Manuel Real, who had granted the state’s request to throw out the lawsuit. Hawaii’s federal appeals Judge Richard Clifton was on the panel.
    The lawsuit filed by the parents alleges that the department failed to provide the two children with services as a result of “deliberate indifference” during the girls’ formative years in the 1990s. The girls, now teenagers, were diagnosed as autistic when they were 2 and 3, can hardly speak and have limited ability to interact with people, according to the opinion.
    The state later provided services, but the family contends the girls would have made much more progress if they had been provided the services sooner.
    Attorney Michael Livingston, who represented the family along with lead attorney Stanley Levin, said the girls were permanently damaged as a result of the “lost opportunity.”
    Dorsey said the case involves “substantial damages” for the girls, who he said were “stripped of any opportunity” to be independent and will have to be cared for for the rest of their lives.

    A federal appeals court reinstated a lawsuit yesterday by the parents of two autistic daughters seeking money for what they say was the Department of Education’s failure to provide them with appropriate special-education services.
    The family’s lawyers said the decision is important because it recognizes that the parents can seek recovery under the federal Rehabilitation Act when their kids are the victims of “deliberate indifference” by the department in failing to provide the services.
    “This is a very far-ranging decision that clearly articulates the standards and opens the door to recover damages,” said Susan Dorsey, managing attorney of the Levin Education Access Project.
    State attorneys could not immediately be reached for comment.
    The unanimous decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals overturned a decision by visiting U.S. District Judge Manuel Real, who had granted the state’s request to throw out the lawsuit. Hawaii’s federal appeals Judge Richard Clifton was on the panel.
    The lawsuit filed by the parents alleges that the department failed to provide the two children with services as a result of “deliberate indifference” during the girls’ formative years in the 1990s. The girls, now teenagers, were diagnosed as autistic when they were 2 and 3, can hardly speak and have limited ability to interact with people, according to the opinion.
    The state later provided services, but the family contends the girls would have made much more progress if they had been provided the services sooner.
    Attorney Michael Livingston, who represented the family along with lead attorney Stanley Levin, said the girls were permanently damaged as a result of the “lost opportunity.”
    Dorsey said the case involves “substantial damages” for the girls, who he said were “stripped of any opportunity” to be independent and will have to be cared for for the rest of their lives.
    Read more:
    http://www.staradvertiser.com/news/hawaiinews/20100827_Suit_against_state_over_autism_case_is_reinstated.html#ixzz0xuojc2Cq

  5. TLPG August 30, 2010 at 00:59 #

    Speaking for myself, I still say that Therese Cedillo neglected Michelle by not taking her to hospital the instant her temp hit 104. I’m certain that temp did some damage.

    I take a bit of pleasure in the decision – in similar terms to Broken Link other than my first paragraph, along with the fact that it furthers the court evidence in the system that Autism is not caused by vaccines and nor is it mercury poisoning via thiomersal. That helps me personally in my legal action against JBJ.

    On the previous comment – Stanley, I assume that means that it is written in law that a person must receive rehab from any condition that is causing them trouble? Including the Spectrum? If so I think that could be VERY useful for someone I know.

  6. Julian Frost August 30, 2010 at 12:08 #

    The big question now is, where to from here? The Cedillos and Hazelhursts could go to the Supreme Court, but there’s no guarantee that the SC will take the case and it probably won’t. The Snyders appealed in the Federal Circuit Court and could go to the Appeals Court but would they? Even if they did, they’re not likely to win. Finally, what of the families of Colin Dwyer, Jordan King and William Mead? Are they planning to appeal?

  7. Visitor August 30, 2010 at 15:54 #

    Julian: I’m not sure that’s much of a question. The petitioners were unable to identify a meaningful point of law on their last attempt. The supreme court won’t hear this. There is nothing to hear.

    If I was Ms Chin-Caplan et al, I would be in hiding now. It’s true their clients, who have been duped for all these years, won’t grasp much of it, but other attorneys must be withering in their opinions of those who would go to appeal on this stuff.

    They never got their costs, and the circuit court was as scathing of this case as the special masters were in the first place.

    This whole thing is truly a shocking spectacle. All these lawyers and supposed scientists feasting on disability, and with one man to thank for the knife and fork: Andrew Wakefield. The legacy of this swaggering charlatan will be felt for many years.

  8. stanley seigler August 30, 2010 at 21:51 #

    [tlpg say] On the previous comment – Stanley, I assume that means that it is written in law that a person must receive rehab from any condition that is causing them trouble? Including the Spectrum? If so I think that could be VERY useful for someone I know.

    tlpg comment gives me the opportunity to correct my 19:55:12, 8/29/10, post..

    “[USA-CA Dept of Developmental services] in failing to provide the services”

    should read:

    [USA-CA Dept of Education] in failing to provide the services.

    and on the outside chance TLPG not digging facetiously.

    the opine of a non lawyer: the decision applies to a Fair and Appropriate Public Education (FAPE) granteed by USA Individuals with Disabilities Education Act (IDEA)…butbut;

    not funded adequately…so in most cases not done…school districts spend more on lawyers than providing a FAPE. the decision mentioned may make FAPE a reality one day in God’s lifetime.

    apologies for off vax topic…thought it might be imp FYI stuff…LBRB owner can delete my post.

    stanley seigler

  9. Julian Frost August 31, 2010 at 08:26 #

    Visitor,
    Thank you for your answer. Unfortunately, the Cedillos also have to accept some responsibility for continuing. Theresa Cedillo released a statement in response to the ruling. I’ve interspersed comments.

    We are obviously extremely disappointed. Michelle has a very strong case.

    No she doesn’t.

    The facts in her medical records speak for themselves.

    True. The facts show that the MMR was not the cause of Michelle’s autism.

    Our lawyers are currently reviewing the decision to see what legal options are available.

    1. Continue on this boneheaded and fruitless action, or
    2. Accept that the MMR jab was not responsible. I’m hoping that they choose 2, but I’m not holding my breath.
    Even though the lawyers may have advised them badly, it is clear that the Cedillos have an Idee Fixe wrt MMR and autism. If they were misled, they also misled themselves.

  10. Science Mom August 31, 2010 at 14:46 #

    This comment appeared on AoA yesterday:

    Thank you John and Age of Autism – you’ve given Michelle a beautiful gift today on her 16th birthday! I’ve said it before – this is not yet over…

    Posted by: The Cedillo Family | August 30, 2010 at 01:01 AM

    I’m feeling less and less sorry for Theresa Cedillo. Stop wasting NVICP funds already.

Trackbacks/Pingbacks

  1. Tweets that mention Autism Blog - Cedillo appeal denied « Left Brain/Right Brain -- Topsy.com - August 29, 2010

    […] This post was mentioned on Twitter by Kev, Kev, kristina chew, Squillo, Catherina+ScienceMom and others. Catherina+ScienceMom said: Cedillo appeal denied http://t.co/2vjKqqp via @kevleitch […]

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